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Answers to your troubling and tricky legal questions.

Can David Really Defeat Goliath?

A small craft company vs. Google Goliath?

By Eva-Marie Boyd (May, 2004)

(Note: Eva-Marie has been a practicing attorney for approximately 15 years. During that time she has been President of the Orange County Barristers, President of her law school alumni association, served on the Orange County Bar Association Board of Directors for seven years and as chair of the Orange County Bar Association Legal Referral Committee for three years. She was a panel attorney for California Lawyer for the Arts and has lectured for that organization on copyright issues.)

Q. What are Google's policies for sponsored links? (Paying to have your site placed first on the list � also called "keyword triggers.")

A. I have a client who is currently attempting to enforce what Google "states" is its policy.

My client is a relatively small craft company, well known and respected in the industry. The company has one Trademark that has been registered and renewed since 1976 and another since 1982.

Along comes a firm in New Jersey that produces a similar product under a different name and uses a website different from that of my client's.

So what's the problem you may ask? The problem is that the New Jersey company paid for its sponsored link (keyword trigger) by using my client's trademarks as the triggers � thereby taking customers from my client and confusing the consumer.

Google has a published Trademark Complaint Procedure which calls for certain wording, including an affidavit statement. My client complied with this procedure twice. He also called Google pretending to be someone else and asked if he could buy just any word to obtain placement such as Ford, Miramax or MacDonald's and He was told no because those were famous registered marks. AHA! Somewhere in there lies their true policy. Just how famous does a mark have to be before Google will adhere to the Trademark laws?

This is where I come in on the scene and will keep you posted.

(Note: Have any questions regarding copyrights, trademarks, or other business-related legal issues? Your name will not be used. Mail, fax, or email your questions to Eva-Marie Boyd, 1160 Catalina St., Laguna Beach, CA 92651 fax: 949-497-3148; email lawddaw@aol.com. To read previous Legal Q. & A. columns, click on the titles in the right-hand column.)

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